Week 1 Recognition of ADR in
the Philippines
The Civil Code
Title XIV - COMPROMISES and ARBITRATIONS
CHAPTER 1 - COMPROMISES
Art, 2028. A compromise is a contract whereby the parties , by making reciprocal concessions avoid a
litigation or put an end to one already commenced.
Art. 2029. The court shall endeavor to persuade the litigants in a civil case to agree upon some fair
compromise.
Chapter 2 Arbitrations
Art. 2042 The same persons who may enter into a compromise may submit their controversies to one or
more arbitrators for decisions .
Art.2043.The provisions of the preceding Chapter upon compromises shall be applicable to arbitrations .
Art. 2044. Any stipulation that the arbitrator’s award shall be final , is valid, without prejudice to Article
2038, 2039 and 2040.
(mistake, fraud, violence, undiscovered documents, litigation resulting in decision about which a prior
compromise has been reached)
Other Legislative initiatives
Republic Act 876 The ADR Law enacted on June 1953 authorizes the making of arbitration and
submission agreements and for appointment of arbitrators in civil cases
Labor Code on CBA s and Grievance Machineries
RA 7160 LOcal Government Code on Katarungang Pambarangay (1991)
PD 1083 Code of Muslim Personal Laws (1997) on the Agama Arbitration Council
R.A. 8731 The IPRA , on Ancestral Domains
Other legislative initiatives
The Family Code on Family Council , Art. 151
More Focused laws are :
Model Law on International Commercial Arbitration of the UNCITRAL Jan. 1985 to which the Philippines adheres as
member of the UN
New York Convention on Recognition and Enforcement of Foreign Arbitral Awards done on June 10, 1958, ratified by the
Philippines on October 11, 1965.
The ADR Law was supplemented by RA 9285 the Alternative Dispute Resolution Law passed on February 4, and approved
on April 2, 2004.
Executive Order No. 1008 CIA Law creating the CIAC (1985)
INITIATIVES FROM THE JUDICIARY
Rule 18 of the 1997 Rules of Civil Procedure making pre trial mandatory .
Sec. 2 . Nature and purpose- The pre trial is mandatory . The Court shall consider A. the possibility of an amicable
settlement or of a submission to alternative modes of dispute resolution .
Court annexed Mediation (CAM) and Judicial Disputes Resolution (JDR ) and Appellate Court Mediation (ACM)
Special Rules of Court on ADR (SADR) issued by SC and took effect in October 2009.
Are JDR and CAM components of ADR?
Both serve the purpose of attaining speedy disposition of disputes but they perati to those already
pending with the courts and are clogging their dockets
FEATURES OF COURT ANNEXED MEDIATION
A third party chosen by parties to an existing dispute in court, assists them in identifying issues and
common interests (other than rights), and in developing proposals to resolve the dispute.
The mutually acceptable agreement serves as basis for court’s decision.
Process is characterized by impartiality and neutrality, and confidentiality.
Features of JDR
When CAM fails, the parties are hailed back to court for the judge be either conciliator, mediator or
early neutral evaluator.
If parties still do not come to an agreement, the case is referred to another judge for trial.
If judge succeeds in mediating , a judgment is rendered based on a compromise agreement .
A.M. No 04-1-12 SC PHilJA
State Policy on ADR
See Sec. 2 R,.A. 9285 - To actively promote party autonomy in the resolution of disputes or promote
the freedom of parties to make their own arrangements to resolve their disputes .
Alternative modes of dispute resolution is a means to achieve speedy and impartial justice AND
DECLOG COURT DOCKETS .
ALTERNATIVE DISPUTES RESOLUTION SYSTEM - any process used to resolve a dispute or controversy
other than by adjudication of a presiding judge of a court or by an officer of a government agency … in
which a neutral thrid party participates to assist in the resolution of issues.
Modes of alternative disputes resolution
STUDENTS MUST BE ABLE TO DEFINE -
Arbitration
Mediation
Conciliation
Early neutral evaluation
Mini trial
